Is Your Content Legal? A Q&A with Al Tamimi’s Fiona Robertson

hallerandlouis_thelincolnlawyer

If your content is in breach of the UAE’s laws, you may find yourself in the courthouse (maybe not with Matthew McConaughey, however).

There’s few people who know more about media laws that Al Tamimi’s Fiona Robertson, who has strived to raise awareness of legislation that impacts those working in communications and marketing. I had the fortune of sitting down with Fiona, to talk content. I started by asking, what is legal and illegal when it comes to content.

Fiona: All content must comply with the print and publications law, which was first published in 1980 and then expanded upon by and executive resolution in the 2000s. This law applies to all media, and how it is distributed, including online. The other law people need to be aware of is the Cybercrimes law of 2012.

These laws include a list of issues which are off-limits, such as criticizing UAE culture, the UAE government, Islam and any subject which could bring disrepute to the country. In relation to the Cybercrimes law, the penalties are stiff, with up to 500,000 AED in fines as well as jail terms. Anyone who is prosecuted and found guilty under the 2012 Cybercrimes law and who is not a national will be deported.

There was a case a couple of weeks ago where a media outlet didn’t obtain the correct releases for material. This material was published on a website, and the two hosts of the show were deported. When these laws are broken, there are serious consequences.

Q: Are enough publishers, brands or agencies aware of these laws?

Fiona: We don’t see enough awareness that people are concerned about this. We get to do pre-publication compliance review for foreign brands, who often approach us, but not for local brands. People don’t realize the laws are there, as they’re not well publicized.

Q: Who oversees these laws?

Fiona: It’s the National Media Council, and Telecoms Regulatory Authority who have the power to block websites.

Q: So how are these laws applicable to social media and social media influencers?

Fiona: The provisions of the Cybercrimes law does not specify who is liable for the content. The brand, the publisher, the agency or the author could be liable for the content under the Cybercrimes act. It could the content producer, the influencer. It could be the owner of the blog. If it’s on a Facebook site, then it could be you or the brand as the account owner. In the recent case which I referred to above, the authorities prosecuted nine parties for one action which was considered to be against the Cybercrimes act.

Q: Wouldn’t the platforms, the likes of Facebook, Snap or Twitter, potentially be liable?

Fiona: Potentially, yes, they could be liable. Most are based outside of the UAE’s jurisdiction so it becomes difficult to apply sanctions against a foreign entity. But the TRA could block their sites for being in breach of the UAE’s content regulations, as they do with materials relating to topics such as gambling.

Q: So what should brands and agencies do in terms of making sure that content is legal?

Fiona: There’s several laws that brands, agencies and publishers should be aware of, including both the Cybercrimes laws and the National Media Council advertising regulations. Familiarity is the most important thing. I’m still alarmed by the number of people who tell me there’s no media laws here, where there clearly are. Start there, train your staff to know what the big red flags are in relation to content, so they’re picked up before the content goes into production.

There’s not only legal issues, but also the reputational issues. Today, UAE nationals will take to social media to make complaints and disparage brands. Sometimes the issue isn’t so much legal as it is reputational. An issue is better resolved before it becomes a problem.

Q: Is producing content in Arabic more difficult than in English?

Fiona: Foreign brands and producers may not understand the culture of the region well. They may not understand the reality versus perception, and we’re often asked to help review not just from a legal perspective but also a cultural one. Having said that, the biggest advertising fail in the last 12 months was Arabic language content produced by Arabic speakers for an Arabic country.

The Media, the Web and Influence – a Journalist’s Response

 I wrote earlier this year about the waning influence of media, and how the media could tackle this through more transparency and better use of digital.

The piece elicited a response from one journalist here in the UAE whom I greatly respect. I wanted to share that response with you below.

On auditing and transparency:

Yes, there’s a lack of transparency and yes, there should be auditing but I’m not sure how much that would help. Most advertisers either don’t care or don’t understand that a publication with smaller numbers but the right target audience could still be valuable. In any case, an insane amount of deals are done because the media planners/agency guys and publishers are friends. So to your point, even if there were to be proper auditing, I’m not sure how much it would help the media industry regain its influence. 

On influencers and audience profiles:
Okay, the media and influencers should be treated separately. By default, media (and journalists) are – or should be – influencers, but in the context of the way the term is used here, they are not. So, why are we talking about an influencer who will give a breakdown of their followers? This is an issue, but a completely separate one.
With regards to media building reader profiles, yes they should but it’s important to define whether it should be sales or editorial. The issue of trust and transparency is relatively not as pressing when dealing with editorial because they have nothing to gain per se by bluffing/inflating numbers and audiences. Moreover, if editorial is interested in covering a story, they will do so (or at least, they should) regardless of PR/comms professionals pitching or not pitching said story. In fact, PR/comms need to think beyond what they want to communicate and instead look at what journalists want to do and try and be a part of that – something I’m sure you’re more than familiar with. It’s frustrating, to say the least, to speak to a company when they want to push something but not when you’d like them to weigh in on something.
On journalists as influencers:
There needs to be a line between journalism and whatever passes as content nowadays. Journalists should NOT be content creators and distributors for brands. It has to be either/or. They can’t have a balanced view if they’re speaking for a brand (understandably so)…it’s the whole reason we strive to keep editorial and sales apart. If anything, we need more journalists – not content creators or influencers – to dig up new stories, angles, and perhaps most importantly, be brave enough to pursue those stories.
Have a view? If you do, then drop me a line. I’d love to hear your thoughts. And to the journalist who wrote this, I’d like to say thank you.

How the Media Industry can regain its influence in today’s Social Media world

Is Print Dead

Print may not be dead in the region, but are there way that the media industry can regain influence lost to social media celebrities? (image source http://abcodigital.com)

I recently had an email exchange with a colleague in the PR industry here in Dubai on the issue of the communications industry and how to develop. I asked, what do we need to do better to make the communications function in the region better. His response was fascinating. To quote:

The truth remains that more and more media outlets are closing down, journalists being made redundant, consumers not reading much – but “following” social trends!

All what most of us have done is jump into the “influencer” band-wagon and discuss $ rates on the number of posts along with potentially a storyline. This should change. We need to find something more creative than being short-sighted to tap into the money.

But what keeps me awake at night (beyond other things, of course!) is what if media outlets close down, journalism as a profession becomes history – who the hell do we pitch our stories to?

While it’s true that the PR industry in the region has had a hand in the rapid and prominent rise of social media influencers, what about the case for the PR industry’s role in the declining influence of media, particularly print.

Here’s my two cents on how the media in the Gulf should work to regain its influence in today’s digital age. Let’s start with a look at one issue which the media has struggled with, namely transparency:

  • Audited Media – The number of audited print publications in the region is relatively low (we’re probably talking percentage-wise in the single digits). Whilst publishers such as ITP, and, most especially, Motivate have pushed for audited print titles, few others have followed suit. Audited numbers make our job of targeting the right media easy; we’re able to easily compare media titles, understand the reader breakdown and make a judgement as to whether a certain title is worth working with editorially (and then, later down the line, through advertising). It helps PRs clearly align media outreach with the business strategy, and it gives us trusted, independently audited numbers to back up our approach.
  • Unaudited Media – The vast majority of media in the region isn’t audited. Their numbers cannot be verified, and my assumption (which I assume is commonly shared in the industry), is that distribution numbers and readership is over-inflated. There’s no way that we can trust the circulation numbers given by publishers, and there’s no way that we can trust that the audience that we need to reach is seeing our messaging.
  • Advertising Media – Forgive the name for this third category. This is media which is created solely for the purposes of capturing advertising revenues, with limited to no circulation. With little to no circulation to talk of – in contrast to the publicized circulation numbers – such media and their publishers have done little to no favor to the reputation of media in the region. And it doesn’t help our cause in promoting media as the most effective means to reach out to our target audience, especially when the publication has effectively no audience.

The second issue is digital. Whilst some publishers, titles and journalists have embraced digital platforms including websites, podcasts, vlogs and social media, others have yet to leverage the power of online distribution and amplification. Digital remains a challenge for much of the media industry globally; no newspaper has been able to make a profit and run its business from its online sales revenues. However, with consumers in the Gulf region essentially living their lives online, does it make sense for traditional media publications to not be online?

The other aspect of digital which media needs to leverage is its ability to engage in real time with its audience, and build audience profiles. I’m yet to see or meet an influencer who will be able to give me an up-to-date breakdown of their followers’ interests, age ranges, geographies and other demographics. The media can and should be helping to build up reader profiles which in turn will help us work with them to target the right audiences. This requires trust and transparency, which is still hard to come by with many titles (see the above).

I feel its especially important that journalists build their online profiles. While many are being laid off as publications shrink, brands need reputable voices to work with. For me, there’s little comparison between a professional journalist and a social media influencer in the Gulf (there are exceptions). When reviewing a product, it’s much more likely that a journalist will give a less biased viewpoint, and will include both positives as well as negatives. That builds integrity and trust with readers, which advertisers should seek out as the holy grail of brand building. Journalists need to think about transitioning into content creators and distributors for brands, much like their social media influencer counterparts. The difference will be in their ability to tell a balanced story that is trusted by their readers.

Whilst the region’s media scene is slowly feeling the impact of ad spending shifting online (just look at the recent closures, including 7Days), I cannot and don’t want to image a day where we have no media to work with. The media industry has to play its part in changing to meet the needs of consumers, through embracing both transparency and digital platforms. I have a great deal of respect for the professionalism and expertise of many publications and journalists in the region, and I know how influential they can be. We need to ensure that their influence is recognized in a fashion that is understood outside of the media industry, by businesses who want to engage publicly.

Do you have any inputs or thoughts on the media industry and how they should change to remain relevant? If yes, then please do share them with me in the comments below.

A Guide to Media Relations in Ramadan (and Eid)

Firstly, Ramadan Kareem! I know I’m late (it’s the workload), but I wanted to share a guide on how to deal with the media in Ramadan. For those who don’t know, Ramadan is the holiest month of the calendar for Muslims globally. Muslims commemorate the first revelation of the Quran to the Prophet Mohammad, which was shared in Ramadan, by fasting during Ramadan. This annual observance of spirituality is regarded as one of the five pillars of Islam, and Muslims fast from dawn till dusk. This also means a shift in work schedules for many, with those fasting working shorter hours.

So, what does it mean for PR in Muslim countries or regions such as the Gulf? Here’s my guide to media relations in Ramadan below.

A season for greetings

It’s usual to receive two sets of greetings during Ramadan. The first is at the beginning of Ramadan, where people wish one another a happy or beautiful Ramadan (we usually say Ramadan Kareem). The second message is shared at the end of Ramadan, for Eid, the festival which marks the end of the month.

The Middle East is a society built on relationships, and it’s no surprise that many PR professionals send out such greetings to media to build their relationship with those in the media. A decade back, I used to receive greetings the old-fashioned way, in paper format. Today, I’m much more likely to receive an electronic version, either shared by email or via instant messenger.

Here’s two sample Ramadan message designs for you.

The start of Ramadan is marked by a crescent moon, and this image is commonly used for Ramadan greetings

Besides the crescent moon, there’s many different images associated with Ramadan. Another common image is the mosque, the place of worship for Muslims.

The Iftar or Suhoor Gathering

It’s also common to invite media to an Iftar, the meal which breaks the fast at sunset. The Iftar and Suhoor, which follows the Iftar later in the evening, are occasions to engage with others. PR agencies and clients will often invite a group of media to dine with them.

What’s great about a media Iftar is the opportunity to meet with and talk to journalists in a relaxed atmosphere, without the need to discuss work. The Iftar and suhoor gatherings are a great opportunity to build relations with key media contacts for an hour or two.

There’s other occasions during Ramadan, which are unique to certain parts of the region. In Bahrain, Kuwait and Qatar, many firms celebrate with their employees or media during a Ghabga, which is a gathering between Iftar and Suhoor. Whatever they’re called in their respective regions, make sure you know these events and how you can use them for media relations.

The Media Working Hours

Many companies reduce their working hours for those fasting (some reduce the hours for all employees). I asked three media people, one in a newspaper, the second from TV, and a third from a magazine, about how Ramadan changes their operations. Their responses are below:

  1. The Newspaper Editor: Working hours do change, and they don’t. My organization reduces hours like everyone else, but reporters must still find stories to fill our pages. The paper still has to come out. We try to reduce the workload but we still have to provide coverage. We’re less demanding on how many stories they file, but since there are fewer press conferences and events, reporters really have to go the extra mile to find people to talk to. Page counts come down slightly on slower news days, but that usually just means fewer international stories for the editors to source. But deadlines don’t change, reporters must still file stories, and the presses still need to be fed. And in the unlikely event that something big breaks… it doesn’t matter if Iftar is in 15 minutes. We want that story. Now, before competition gets it.
  2. The TV Editor: There aren’t many operational changes. Working hours are reduced for those in admin and management positions. For the editorial and operations teams, the hours are the same as outside of Ramadan. The biggest change is that we shift shows around, so the morning show is moved even earlier. Other program timings may change too.
  3. The Magazine Editor: There’s really no change to how we work in Ramadan.

Ramadan Themes

The other major change during Ramadan is a shift in coverage. Top of the list are issues related to Ramadan, such as charity, spirituality and other related issues. A simple example of a charity initiative is shown below.. The Dubai-based Virgin Megastore launched an initiative called Pay it Forward, in collaboration with delivery service Fetchr, to support the Dubai Foundation for Women & Children, which provides protection and support services to victims of domestic violence, child abuse and human trafficking.

Unsurprising, there’s less discussion about certain subjects (think alcohol, conspicuous consumption on luxury goods, and other issues which contradict the spirituality of the month). Many have come up a cropper on this issue, such as the below which was put out by a hotel in Dubai.

Atelier was criticized on social media for its gold-themed Iftar (and for the advert also mentioning alcohol)

Make the most of the holy month

Ramadan is a great time for engaging with media, and building relations. I hope that you’ll enjoy this time of year as much as I do, both for the spirituality of the occasion as well as the opportunity to see media friends.

The National, City 7 TV and the Quest to Make Media Profitable via Digital

Both The National and City 7 TV will be letting go of many editorial staff as they look to restructure (image source: Arabian Business)

The past couple of weeks has been tough for many colleagues in the UAE media industry. First, information was leaked about job losses at the Abu Dhabi-based, English language daily The National. The reported job cuts follows five months after the paper’s purchase by International Media Investments (IMI), a subsidiary of private investment firm Abu Dhabi Media Investment Corporation (ADMIC) from state-owned Abu Dhabi Media Company (ADM). At least a quarter of the editorial staff will be leaving The National by the end of June 2017, as the paper’s owners support a “digital transformation” at the paper.

“As part of this transition, over the past few months, IMI has finalised its new vision for The National, supported by a robust editorial strategy to ensure that The National fulfils its potential as a premier English language source of news about and for the Middle East,” a spokesperson told the AFP.

Abu Dhabi Media Investment Corporation also owns a majority stake in Sky News Arabia, and a project team has been set up to aid the “digital transformation” at The National.

The second news story over the past week were job cuts at Dubai-based English language television channel, City 7 TV. The channel has been sold by BinHendi Enterprises to WeTel-TV, a TV platform for global educational news and current affairs. A number of the editorial team have left as the channel focuses on education.

For many media outlets, the focus is increasingly on profit. In a region which is going through austerity, and where media ownership is primarily in the hands of government (for newspapers and television at the very least), there seems to be a rethink among many outlets as to how to reduce costs. As with every other region, digital is waved as the answer. However, even global titles such as the Wall Street Journal, the New York Times, and the Daily Mail have struggled to turn a profit online. Digital revenue streams simply aren’t going to replace lost print advertising any time soon.

The other question that The National’s media owners need to ask is how will the loss of so many journalists impact editorial quality? When it comes to media consumption, online is no different from offline; readers want good content. How that content is delivered is obviously different, but the demand for good media will remain. And will there be a logical approach to a “digital transformation”, that combines both The National’s quality copy with the multimedia abilities of Sky News Arabia? An Abu-Dhabi based rival to AJ+ would be an exciting proposition, and I hope that The National has a strong digital enabler at the helm.

Whatever happens with both publications, my thoughts are very much with those people who are leaving. I hope that you’ll find new employment soon.

The American Strongman – A Middle East view on Trump’s first 48 hours as President

2016_11_30-trump-arab-dictator_homepage-3-22896132107

President Trump and his team have shown increasing disdain for the media during their first weekend in office. Some commentators have drawn parallels to my own region (image source: Vocativ)

If the first two days were anything to go by, we’re in for four years of presidential reality TV. From the spectacle of the inauguration of the 45th President of the United States to an impromptu press announcement at the White House (there were no questions, so I won’t call it a briefing), and news interviews by White House staffers attacking the media; all of these events have made for compelling viewing.

Looking in from the outside, here in the Middle East, none of these actions should surprise or startle me. I live in a region where the words media and propaganda are often used to mean the same thing in the Arabic language by the region’s population. I’ve also heard many commentators in the region (and in the US) compare what the Trump administration is doing with the media to how regimes such as Iraq’s Saddam Hussein ‘communicated’ (if you want an example, just watch this clip from Saddam’s Minister of Information Muhammed Saeed al-Sahaf during the 2003 Iraq invasion).

While there’s been much laughter at some of the messaging (the phrase “alternative facts” is my vote for the dictionary addition of 2017), I’ve seen a number of worrying signs that the Trump Administration wants to take the media and the public down a path that we’re all too familiar with in the region. Here’s why.

  • Delegitimize the Media

The first step on this road is silencing critics. And those who have been most critical of President Trump are the media. During the weekend when visiting Langley, the CIA’s headquarters, he uttered the line, “The reason you’re my first stop is that, as you know, I have a running war with the media. They are among the most dishonest human beings on Earth.” This was in part due to their coverage of the Presidential Inauguration, and their rebuttal of the claims on the number of attendees.

This isn’t a new statement. President Trump has made the claim numerous times, including in April 2016 when he said, “You know we have a great time considering the subject matter is no good. Right? But when we say—look at all those hats, right?—”Make America Great Again.” When we say that—you know somebody, a reporter—by the way the world’s most dishonest people are back there. Look at all the cameras going. Look at all those cameras. It’s unbelievable. They are dishonest. Most of them. Not all of them. But Most of them.”

And, here he is on camera saying the same thing.

The reasoning is simple. American media is independent of any government ownership, and as such it often takes politicians to task for their words and deeds. By delegitimizing the media and going straight to the public through social media (mainly Twitter), President Trump and his administration won’t face the same level of intrusive questioning. The administration has already threatened to hold the media to account, and President Trump has held one press conference since July 2016, during which he claimed CNN and Buzzfeed were fake news sites. A free media is an essential tool to hold governments to account; muzzle the media, discredit them, and you’ll face fewer questions from a diminishing press sector.

Vocativ has run a piece on this, named Trump And The Media: The Arab Dictator’s Guide. It’s a great read for those of you who follow media-related issues.

  • Change the Narrative

President Trump and his team are masters at switching attention from one issue to answer. In his blog, the London-based PR professional Stephen Waddington has listed a number of tactics used to divert attention from hard policy issues to softer social issues. One of my favorites is dead cats, and to quote from Wadds:

Trump uses Twitter as a tactical weapon, hitting out at opponents, and directly countering attacks.

Tweets are literal, short and direct. He uses capital letters, single words and repetition for effect. There can be no uncertainty in the content or context of a message, and he seldom entertains any further discussion.

It’s an approach is known as the dead cat, created by political strategist Lynton Crosby. His response to losing an argument was to throw an issue, known as a dead cat, on the table.

The appearance of a dead cat, albeit metaphorical, is shocking. It quickly shifts attention, forcing opponents to move on and focus on a new issue.

And then there’s a concept called the Overton Window. Developed by political analyst Joseph Overton, this is a spectrum of views which are deemed acceptable to the public. It also explains how  a theory of how a policy that’s initially considered extreme might over time be normalized through gradual shifts in public opinion.

There’s a similar theory in marketing. Known as the Anchoring Effect, this describes a common human tendency to rely too heavily on the first piece of information offered (the “anchor”) when making decisions. Once the anchor is set, decisions are then made by adjusting around the initial anchor, regardless of the legitimacy of the actual anchor number. For example, a brand will introduce a new, super premium/expensive toothpaste. That new product will shift perception of the whole category, and push consumers to spend more on toothpaste by choosing the second or third most expensive option.

We’re seeing this use of the Overton Window and the Anchoring Effect in US politics today, with politicians introducing extreme ideas to shift the discourse away from the mainstream and towards their own views and beliefs. They’re changing the narrative over the long-term, to make what was once unpalatable an acceptable argument.

These narrative tactics have been used in countless societies, most recently in countries such as Israel, where the public has accepted once right-wing ideas such as the expansion of settlements. It’s clear that President Trump’s team aren’t interested in answering questions on issues such as the Affordable Care Act, but rather they want to change the narrative around “Making America Great Again”, an idea of little substance but great appeal. We’re used to such efforts in the Middle East (Saddam regularly compared himself to great Iraqi heroes from history, as a means to encourage nostalgia and promote similar ideals).

  • Create a Cult of Personality

It’s also clear that President Trump has a thin skin. He’s repeated countless theories and statements about winning the popular vote (the President claims, without any evidence, that he lost the popular vote based on mass voter fraud). And then there’s the debate around the Inauguration attendance. This President takes things personally. He sees himself as a nation strongman who will change US politics for the betterment of its people. And woe betide those who disagree with him.

What’s also remarkable is how his team speak of the President. During the CIA visit at the weekend Vice President Pence introduced the President by informing the audience that he had never met anyone “who is a greater strategic thinker” on matters of national security. The White House Chief of Staff Reince Priebus said on Sunday that, “I’ve never seen anyone work harder or have more energy than this president.”

If you were to listen to the administration’s messaging, you’d think President Trump is a superman, an Übermensch from the pages of Friedrich Nietzsche. The Chicago Tribune’s Steve Chapman points out the folly in their praise, but how many will believe the fawning praise? And where will this lead us to? Will we see the White House building a cult of personality around the President?

 

As a person who straddles both Eastern and Western cultures, I can see the successes and failures of these societies a different clarity. I admire the US for its freedom of speech (which is enshrined in the Constitution) and for its media industry. I’m also a believer in public debate when it comes to governance. Are the past couple of days a sign of things to come in the US? I hope that I’m mistaken, but over this first weekend of the Trump Presidency I have seen parallels between the two regions when it comes to media messaging. And this isn’t what I want to see for the US. I hope I’m wrong.

 

 

Guest Post – Failing at the basics

headdesk-646x363

The anonymous editor really isn’t impressed by the lack of communication skills on show on the region’s agency side

Here’s a guest post for you, from our anonymous editor who has some advice for us public relations professionals in the region. Enjoy the read!

Here’s a question for you PR practitioners – what would your client think if a journalist told them ‘I emailed your agency with a request two weeks ago but I didn’t get any reply from them’?

The client wouldn’t be impressed, right?

So why, as a journalist, am I faced over and over again, with deafening silence when I contact so many different agencies? In the past six months, I’ve had numerous occasions where I have sent a request to an agency, and gotten absolutely no reply whatsoever. The same agencies are quite capable of making constant phone calls to my mobile when they want something, but apparently seem to think it’s OK to not even acknowledge an email sent ‘proactively’ by a journalist.

I don’t think it’s unreasonable to expect a reply, even if its just saying – ‘we got your email and our team will be in touch’. I don’t know whether you are waiting for the client to respond, but at least telling me you are working on it, or that the client is away, lets me know, so I can find another source or another interview subject if you aren’t able to reply by my deadline.

Sometimes an email may go to the wrong practice team or to someone who is on holiday. But everyone should know that if they are the wrong person, they need to pass the email along to the right person. An ‘out of office’ message is a simple courtesy. Even if you are not working with that client any more, not replying is bad for any future relationship with that reporter.

At the end of the day, your client is paying you to field media enquiries – I don’t expect 24-7 service (even if many clients might seem to believe they own every hour of your day!) – but your client has a right to expect communications from media during office hours are answered asap. Not ‘I was in meetings all week’ or some other excuse…

Failing to respond to an email from a ‘customer’ is a basic failing in business practice, for any business. When the business is PR and you are selling the strength of your ‘relationships’ with the media, it’s just plain stupid.